Patna High CourtCR. MISC./66614/2024bail granted

Gauri Prasad @ Gauri Shankar Prasad v. The State Of Bihar

2024-10-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66614 of 2024 Arising Out of PS. Case No.-337 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Gauri Prasad @ Gauri Shankar Prasad S/O Matukdhari @ Matuk Bhagat Resident of village-Tikam, P.S- Madhuban, District-East Champaran at Motihiar ... ... Petitioner/s

Versus

The State of Bihar 2.

Sangeeta Kumari D/O Sri Brahmdeo Prasad R/O Village - Tikam, P.SMadhuban ,Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-10-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Madhuban P.S. Case No. 337 of 2022 registered for the offence under Sections 376(D) of the Indian Penal Code, Section 4/6 of the POCSO Act, and Section 67 of the I.T. Act.

3. As per the prosecution case, all the accused persons have committed rape with the victim.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 21.06.2024. He further submits that co-accused Umesh Prasad who is the main accused has

Patna High Court CR. MISC. No.66614 of 2024(2) dt.05-10-2024 2/2 been granted bail by a co-ordinate Bench of this Court vide order dated 12.09.2023 passed in Cr. Misc. No. 45600 of 2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. For the reasons mentioned in the order dated 12.09.2023 passed in Cr. Misc. No. 45600 of 2023, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Motihari, East Champaran/concerned Court below in connection with Madhuban P.S. Case No. 337 of 2022 subject to condition that:- 7(i) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial.

(Sandeep Kumar, J) Shishir/- U T